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BOVINO v. VILL. OF WAPPINGERS FALLS

215 A.D.2d 619 (1995)

628 N.Y.S.2d 508

Jennie M. Bovino et al., Respondents, v. Village of Wappingers Falls et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 22, 1995

Ordered that the order is affirmed insofar as appealed from, with costs.

It is well settled that, as a general rule, on a motion to dismiss the complaint for failure to state a cause of action under CPLR 3211 (a) (7), the complaint must be construed in the light most favorable to the plaintiff and all factual allegations must be accepted as true (see, Gruen v County of Suffolk, 187 A.D.2d 560...

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